1. Offers / ordering
Our offers are non-binding. Orders and verbal agreements
are only valid if confirmed by us in writing. Our customer's terms of purchase
or general terms and conditions are not acknowledged by us even if we have not
explicitly objected to such terms.
2. Prices
Base prices as given in the current lists are non-binding
price recommendations excluding VAT. Prices valid from off Bad Homburg do not
include costs for packing, shipping, postage, and value guarantee. Prices and
surcharges are always calculated as valid on the day of the delivery.
3. Terms of payment
Payment to be made within 30 days after invoice date
without reduction or within 10 days with a discount of 2%. Late payment
entitles us to default interest of 5% above the respective reference rate.
Exchange charges to be borne by the buyer.
4. Retention of title
a) We reserve the right of title with regard to all goods
supplied by us until fulfilment of all claims resulting from the
corresponding business relationship. In case of buying for current account
retention of title covers the balance claim to be secured.
b) For reasons of security, buyer assigns all claims from
a resale of the goods or any other business transactions with the goods to
us. In case our goods are sold together with the goods of other parties, the
assignment of the claims is valid only with regard to the value of our goods
subject to the retention.
c) Buyer is entitled to selling of goods and to
collection of assigned claims. We will not collect our claim as long as the
buyer fulfils his payment obligations. As long as our claims are not
satisfied, buyer must separately keep collected sums and transfer such sums
to us. When required, buyer must disclose to us third-party debtors of
assigned claims and the value of the claim; also, buyer must advise such
third-party debtor of the assignment and must surrender all relevant
documents to us.
d) In case of non-conformance with the terms of payment,
in case of protesting of bills and dishonoured cheques, buyer's rights with
regard to selling and collecting assigned purchase price claims become void.
In this case, we are entitled to repossess goods supplied by us. This only
constitutes a withdrawal from the contract if explicitly declared so by us.
All costs with regard to the taking back of the goods to be paid by buyer.
In case of distress, buyer must immediately advise us of such distress as
well as of the attaching creditor. Intervening costs to be paid by buyer.
e) If required by the buyer, we will release fully paid
goods at our own discretion, if the value of the security provided exceeds
our claims for more than 20%.
5. Delivery
Agreed delivery times are adhered to as reliably as
possible; however, delivery times are non-binding.
6. Shipment
Shipment is made on buyer's risk. Packing is charged in
accordance with the original cost price. If desired by the buyer, empty
packaging may be returned after use. Costs for transport of empty packaging to
be paid by buyer.
7. Defect of quality
Claims with regard to defect of quality are not accepted in
case of inappropriate or improper use, faulty assembly respectively
initiation, normal wear and tear, incorrect or negligent operation or handling
etc.
8. Liability
Seller is only liable for damages - regardless of the
specific legal ground - in case of wrongful intent, gross negligence,
negligent injuries of life, body, health, and in other cases of compulsory
liability as e.g. in accordance with the laws regarding product liability.
9. Period of limitation
In case no other legally compulsory periods apply, claims
resulting from defects of quality and all other claims of the buyer -
regardless of the specific legal ground - become statute-barred after 12
months.
10. Return
We have no obligation to take back goods which are delivered correctly and without any defect or damage. In individual cases, we have agreed in written form that we take back the goods, we charge a service charge of 20% of the net sales price or minimum EUR 15,00.
Special tools or individual marked tools we will not take back.
11. Place of performance, place of jurisdiction, general information
Bad Homburg, Germany is place of performance with regard to
delivery and payment; place of jurisdiction is Frankfurt am Main, Germany.
German law is applicable. Invalidity of individual provisions does not affect
the validity of other provisions.
